30 Fairlight Pty Limited v Northern Beaches Council [2022] NSWLEC 1615

Land and Environment Court New South Wales

Medium Neutral Citation: 30 Fairlight Pty Limited v Northern Beaches Council [2022] NSWLEC 1615 Hearing dates: 27 October 2022 Date of orders: 01 December 2022 Decision date: 01 December 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The applicant is granted leave to amend the application to rely on the plans listed under condition 1(a) of the conditions of consent at Annexure A. (2) The appeal is upheld. (3) Development Application No. 2021/2034 for the demolition of existing structures and construction of a residential flat building, at 30 Fairlight Street, Fairlight, is determined by the grant of consent, subject to the conditions of consent at Annexure A. (4) The exhibits, other than Exhibits 1, A, F and H, are returned. Catchwords: DEVELOPMENT APPLICATION – construction of a residential flat building – exceedance of the floor space ratio development standard – whether the bulk and scale of the proposal is consistent with the existing and desired streetscape character Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, Sch 6, cl 3 Land and Environment Court Act 1979, ss 34, 39 Manly Local Environmental Plan 2013, cll 1.2, 4.3, 4.4, 4.6 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, cll 4, 28 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Davies v Penrith City Council [2013] NSWLEC 1141 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Gisona Pty Ltd v Northern Beaches Council [2020] NSWLEC 1669 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 STM 123 No. 7 Pty Ltd v Waverley Council [2020] NSWLEC 1495 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide, NSW Department of Planning Manly Development Control Plan 2013 Category: Principal judgment Parties: 30 Fairlight Pty Limited (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: J Smith (Applicant) S Patterson (Solicitor) (Respondent)